Legal Opinion

Le Moyne v. Quimby

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 16 opinions

Appeal from the Circuit Court of Cook county. This was a bill in chancery, by Benjamin F. Quimby, against Henry M. Shepard, administrator of Charles W. Ricketson, and other parties, for the purpose of perfecting the title and ascertaining the interest of the estate of Ricketson in the lands described in the bill, and to enjoin the administrator from selling the same to pay debts, until such title and interest was settled and ascertained.

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Appeal from the Circuit Court of Cook county. This was a bill in chancery, by Benjamin F. Quimby, against Henry M. Shepard, administrator of Charles W. Ricketson, and other parties, for the purpose of perfecting the title and ascertaining the interest of the estate of Ricketson in the lands described in the bill, and to enjoin the administrator from selling the same to pay debts, until such title and interest was settled and ascertained. John B. Lyon, one of the defendants, filed a cross-bill, setting up a claim to an interest in the land, and asking for the appointment of a receiver, that an…

1Opinion of the CourtJustice Craig

Upon the trial of this cause, the circuit court found that Ricketson, at the time of his death, owned one-half of the land, and Merrick and Wilkins were the owners of the other half, and that, since that time, Merrick and Wilkins conveyed to John V. LeMoyne. The court then decreed that Grant Goodrich be appointed receiver, and that John V. LeMoyne, the trustees of Illinois and Michigan canal and John B. Lyon, convey the land to the receiver, and that the receiver sell the land at public auction, for cash.

The first question that arises is, what right or authority Quimby, the complainant, had…

2Cases cited2 opinions

  1. State v. PhillipsTennessee Supreme Court · 1850
  2. McDowell v. CochranIllinois Supreme Court · 1849

3Cited by16 opinions

  1. McPike v. McPikeSupreme Court of Missouri · 1892
  2. Eayrs v. NasonNebraska Supreme Court · 1898
  3. Harding v. ShepardIllinois Supreme Court · 1883
  4. Gross v. Estate of ThornsonIllinois Supreme Court · 1918
  5. White v. RussellIllinois Supreme Court · 1875

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